Tuesday, January 31, 2006

Tanya Andersen Case Heats Up. RIAA Seeks Dismissal of Counterclaims. Tanya Seeks Dismissal of RIAA's Complaint.

The Tanya Andersen case in Oregon has heated up.

The RIAA has made a motion to dismiss Ms. Andersen's counterclaims.

And Ms. Andersen has made a motion to dismiss the RIAA's complaint.

Both motions are scheduled to be argued on February 27th.

Additionally, Ms. Andersen has filed an amended answer and counterclaims.

At this point I have only incomplete litigation documents. Will post others as they become available:

Defendant's Memorandum of Law in Support of Motion to Dismiss Complaint
Plaintiff's Memorandum of Law In Support of Motion to Dismiss Counterclaims
Defendant's Memorandum of Law in Opposition to Plaintiff's Motion to Dismiss Counterclaims
Defendants's Amended Answer and Counterclaims

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Friday, January 27, 2006

p2pnet article: "Help Zi Against the RIAA"

Great article by Jon Newton in P2PNet :


Help Zi against the RIAA

" p2p news / p2pnet: The members of the Big Four Organized Music cartel spare no expense in their bitter war against the 'consumers' whom, they claim, are thieves and criminals who "illegally" download music without paying for it.

"This isn't, however, a criminal matter, efforts by the cartel's RIAA to elevate it to that level notwithstanding. It's a civil one. And what's at issue isn't if someone's broken a law – it's whether or not he or she has infringed a copyright, which is a very long way from "criminal" or "illegal".

"But this time the Big Four aren't merely beating up on defenceless men, women and children who have no hope of matching their bottomless legal and financial resources.

"Now the labels have You and the World Wide Web to contend with.

"John Doe Number 8 – one of the cartel's more than 17,000 victims – wants a court to throw out an RIAA ex parte discovery order filed in Atlantic Recording v Does 1-25. But the RIAA's (Recording Industry Association of America) Jonathan Whitehead claims the metadata in John Doe Number 8's shared files folder shows illegal copying took place.

"JDN 8's lawyer, Ray Beckerman, recently asked Zi Mei to check this out in detail.

"Zi, submitted an affidavit and now he's asking you to give him a hand."



Complete Article





Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Thursday, January 26, 2006

Calling All Techs!!! RIAA Defends Its "Investigation", Says Metadata Shows Illegal Copying

In its opposition to defendant John Doe Number 8's motion to vacate the RIAA's "ex parte discovery order", filed today in Atlantic Recording v. Does 1-25, the RIAA has submitted a declaration of Jonathan Whitehead -- an RIAA Vice President -- that the metadata in John Doe Number 8's shared files folder shows that illegal copying took place:

Declaration of Jonathan Whithead
Exhibit A
Exhibit B

This would appear to be in contradiction to the earlier affidavit of computer programmer Zi Mei in support of the motion.

Any input from the tech community would be of interest. The response to the Whitehead declaration is due February 7th.








Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Wednesday, January 25, 2006

RIAA Argues: Merely "Making Available for Distribution" is a Copyright Violation!

In opposition papers served yesterday in Elektra v. Barker in Manhattan federal court, the RIAA has argued that merely making files "available for distribution" is in and of itself a copyright violation.

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Thursday, January 19, 2006

Briefing Schedule Set in Atlantic v. Does 1-25

The Court signed a stipulation extending the RIAA's time to serve opposition papers to January 25th in Atlantic v. Does 1-25. Now,

-RIAA opposition papers due January 25th;

-John Doe #8's reply papers due February 6th.

The January 6th conference at which the motion was first discussed was public and tape recorded by the Court, and a transcript can be purchased from the Court.

The 'ex parte discovery order' continues to be stayed:

"Memo endorsed" order of Judge Laura Taylor Swain


Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

New Contested Case in Minnesota: Elektra v. McCall

Another defendant has chosen to fight back, this time in federal court in Minnesota.

Copies of the complaint and answer in Elektra v. McCall are set forth below:

Complaint

Answer

The defendant, Mr. McCall, is represented by Brian N. Toder of
Chestnut & Cambronne, P.A. in White Bear Lake, Minnesota. (email: btoder@chestnutcambronne.com)

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Wednesday, January 11, 2006

Digital Music News Reports: P2P File-Sharing Levels More Than Double What They Were When RIAA Suits Started

Digital Music News reports:



P2P File-Sharing Levels Hit All-Time High in December

File-sharing levels hit record levels in December, according to figures provided by leading P2P monitoring firm BigChampagne. The data, obtained by Digital Music News, shows an average simultaneous user level of 6.98 million during the holiday month. That beats a previous high of 6.87 million, recorded in July, and easily doubles a figure of 2.89 million from September, 2003, when file-sharing lawsuits first began.


Complete Story

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Sunday, January 08, 2006

Hearing Held January 5th in RIAA case against 14-year old: Priority Records v. Brittany Chan

In the RIAA's Port Huron, Michigan, case against 14-year old Brittany Chan (see RIAA Deliberately sues 14-year old), the Court conducted a hearing on Thursday, January 5, 2006, in order to determine the RIAA's motion for appointment of a guardian ad litem to protect the interests of the defendant.

Notice of Hearing
(Alternate link)

The hearing took place at the federal courthouse in Port Huron, Michigan.

Only the attorneys spoke; no testimony of witnesses was elicited.

The hearing dealt with such questions as
(a) if a guardian ad litem were to be appointed, who would pay his or her fees?
(b) who will pay the fees of the guardian's attorney?
(c) was it a violation of the court rules for the RIAA lawyer to use the minor's name in the caption?

The judge took the case under submission, and will issue a written decision in due course.

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaaradar

Wednesday, January 04, 2006

Motion to Quash Subpoena and Sever as to John Does 1-25 Denied in Atlantic v. Does

The motion to quash the subpoena in Atlantic Records v. John Does 1-25 has been denied by judge Laura Taylor Swain, in Manhattan federal court. The judge agreed with the holding of Judge Colleen McMahon in Elektra v. Santangelo that the RIAA's conclusory allegation that defendants "downloaded, distributed, and/or made available for distribution" was a sufficiently specific allegation of copyright infringement to satisfy federal pleading standards.

The motion to sever as to John Does 2-25 was denied "without prejudice". The judge said that motion could be reinstituted when the defendants were actually served with summonses and complaints. (The judge was apparently unaware that the RIAA has no intention of serving the defendants with summonses and complaints in the action that is before her.).

The order is not appealable according to a recent ruling of a 3-judge panel in Loud v. Does from the U.S. Court of Appeals for the Second Circuit.

Order denying motion to (a) quash subpoena and(b) dismiss and sever as to John Does 2-25.

"Memo endorsed" order deeming motion to vacate ex parte order withdrawn.



Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Monday, January 02, 2006

Programmer Challenges RIAA "Investigation" in Court Papers Filed Dec. 28th to Vacate "Ex Parte" Order

At the core of the whole RIAA litigation process are:
(1) the mass lawsuit against a large number of "John Does";
(2) the "ex parte" order of discovery; and
(3) the subpoenas demanding the names and addresses of the "John Does".
(For more detailed description see "How the RIAA Litigation Machine Rolls Along"(Digital Music News))

In Atlantic v. John Does 1-25, a case pending in federal court in Manhattan, a midwesterner sued as John Doe Number 8 has made motions which seek to knock out all three (3) prongs of the RIAA litigation machine.

On December 1st he made a motion to sever the mass lawsuit, and dismiss as to John Does 2-25, on the ground that it is impermissible to join 25 unrelated defendants under the federal rules, where there is no connection between the defendants other than the fact that they are accused of engaging in similar, but unconnected, conduct.

Also on December 1st, he moved to quash the subpoena issued to his ISP, on the ground that the RIAA has not sufficiently alleged any copyright infringement.

Today, December 28th, he has moved to knock out the third underpinning of the RIAA John Doe weaponry -- the ex parte order.


Notice of Motion to Vacate Ex Parte Order
(Alternate link)(Alternate link #2)(Alternate link #3)
Affidavit of Zi Mei in Support of Motion
(Alternate link)(Alternate link #2)
Affidavit of Ty Rogers In Support of Motion
(Alternate link)(Alternate link #2)
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit 1 to Exhibit D (part 1)
Exhibit 1 to Exhibit D (part 2)
Exhibit 1 to Exhibit D (part 3)
Exhibit 1 to Exhibit D (part 4)
Exhibit 1 to Exhibit D (part 5)
Exhibit 1 to Exhibit D (part 6)
Exhibit E
Exhibit F
Exhibit G
Memorandum of Law In Support of Motion
(Alternate link)(Alternate link #2)
Appendix 1 to Memorandum of Law
Appendix 2 to Memorandum of Law
Appendix 3 to Memorandum of Law



In addition to pointing out that the RIAA has failed to submit any proper evidentiary showing that it has a case -- which is necessary in order to obtain an order permitting discovery of identities -- John Doe #8 has also submitted the affidavit of programmer Zi Mei, who attacks the validity of the Media Sentry investigation upon which the lawsuit was based.

The case is pending before Judge Laura Taylor Swain, in the United States District Court for the Southern District of New York, in Manhattan.

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa mp3 independent